American Jurisprudence Torts

Question 1

Substantive Law

Answer 1

Laws that create legal
rights and duties,
Prima facie case

Examples: Contracts, Torts, Real Property, Estates, etc.

Question 2

Procedural Law

Answer 2

Laws that govern how
the legal system operates and the steps that have to be taken

Examples: Notice, Service, Statute of Limitations, etc.

Question 3

What is the term for a lawyer determine a legal ground in a case?

Answer 3

Standing

Question 4

What two questions are asked when it comes to legal grounds in a case?

Answer 4

Are there sufficient, credible facts to support the client’s position?
Is there a valid legal theory to support the claim?

Question 5

What is a paralegals role in the pretrial stage?

Answer 5

Collecting info on client and opposing parties to perform conflicts check
Ensuring client has fee agreement (set by attorney)
Reviewing timeline and monitoring schedule
Creating and maintaining file
Researching and drafting as instructed

Question 6

What are the three types of pleadings?

Answer 6

Plaintiff files complaint to begin a lawsuit
Defendant replies to complaint by filing an answer
A reply may be filed if the answer contains a counterclaim (or court requires)

Question 7

What does a complaint need to contain?

Answer 7

Statement of the grounds,
Statement that the court has jurisdiction,
Statement of the claim showing that the pleader is entitled to relief, and
Demand for judgment of the relief
- Governed by Rule 8

Question 8

North Carolina is a notice pleading state which means

Answer 8

the pleadings must give a general basis for the claim or the transaction from which the claim arises

A short and plain statement with “sufficient particularity” should be given to provide notice of what is intended to be proved